Language and the law : global perspectives in forensic linguistics from Africa and beyond / editors, Monwabisi K. Ralarala, Russell H. Kaschula and Georgina Heydon.

Format:

Book

Contributor:

Ralarala, Monwabisi K., editor.

Kaschula, Russell, editor.

Heydon, Georgina, 1970- editor.

Series:

Studies in Forensic and Legal Linguistics in Africa and Beyond (SF&LLA)

Studies in Forensic and Legal Linguistics in Africa and Beyond (SF&LLA) ; v.3

Language:

English

Subjects (All):

Forensic linguistics.

Forensic linguistics--Africa.

Law--Language.

Law.

Physical Description:

1 online resource (441 pages)

Edition:

1st ed.

Place of Publication:

Stellenbosch, South Africa : Sun Press, [2022]

Summary:

My familiarity with Professor Yusef Waghid's scholarship and our collaborationspan more than two decades. Therefore, a few words cannot appropriatelyencompass my account of the magnitude of his academic profile coupled withhis personal qualities and engagement.

Contents:

Intro

Contents

Series foreword

Acknowledgements

About the editors

List of figures

List of tables

Foreword

Introduction

Outline and summary of chapters

Concluding remarks

Part 1 - Researching police and asylum investigative interviewing

1 - Police intralingual translations of complainants' statements in South Africa: From interviewing to collaborative record construction of a legal text

Context of the study

Literature

Data

Data analysis

Discussion and findings

Conclusions

References

2 - Mozambican police interviews: The interaction between official language and legal pluralism

The field and target group

The use of linguistic and discursive strategies in police stations

Two conflicting legal systems in police stations?

Concluding recommendations for practice and policy

Appendix to Chapter 2

3 - The politics of interpreting during asylum interviews: Processes, challenges and the implications for the legitimacy of claims for asylum in South Africa

Contextualising forced migration into South Africa

The politics of seeking asylum in contemporary South Africa

Discussions and conclusion

Part 2 - Language practice and the legal process

4 - Linguistic minorities and courtroom discourse in Zimbabwe

Background

Data gathering

Theoretical framework

Demographic considerations

Provincial names: Dominance on the linguistic landscape

Minority language speakers' awareness of constitutional provisions on language

Conclusion

5 - Judges and court interpreters' experiences of multilingualism in South African courts

English language of record policy for courts: The effects on a failing interpretation system.

Empirical study: Contextual and methodological overview

Qualitative results

Recommendations made by court interpreters

Language and culture in legal proceedings

Monolingual/multilingual practices

Conclusions and recommendations

6 - Legal terminology development in the African langauges: Aspects that may improve legal or forensic communication

Terminology development theories for South Africa

Factors affecting legal terminology development

7 - The challenges of technical sight translation in criminal proceedings: Insights from English-Shona trials in Zimbabwe

Objectives of the study

Data collection

Background information on the court interpreting system in Zimbabwe

Conceptual framework

Data analysis and discussion

8 - Family Law terminology: Critical reliance on translator's knowledge

Related literature on translation studies

Hypothesis

Cultural traditions in translation

Comprehending translation in context

Contextualisation of the discipline of Family Law

The context of marriage

Impact of a mistake on the validity of a union

9 - Language, law and power: The problem of legal interpreting

Constitutional framework

Legislative and policy frameworks

Qualifications and training for court interpreters: Competence and quality

Case Law presentation and analysis

A comparative model: History and development of interpreting in Australia

Interpreter qualifications in Australia

An Aboriginal interpreter's perspective of language in Australian courts

Disadvantage before the law: Language and power

Part 3 - Language as evidence.

10 - 'The witch made me do it!' A speech act analysis of the provocation defence in witch lynching cases in Kenya

Data and methods

Analysis and discussion

The killing of witches and the doctrine of provocation

11 - ' It is not specific enough': Generic and specific expressions in the International Criminal Court (ICC)

Theoretical framework: Representing social actors

Methodology

Findings and discussion

12 - A study of intentional insincerity in Malawian criminal justice

Theoretical frameworks

Research methodology

Discussion of results

13 - Towards the principle of believability: A new socio-pragmatic model in forensic settings

The Principle of Believability: The base

Case study: The Principle of Believability

14 - Self-representation in the opening statements of the confirmation-of-charges hearings of the ICC_Kenay case one

The data

Analytical framework

Part 4 - Forensic linguisticevidence

15 - Using communication aids with witnesses with a learning disabiltiy to facilitate equal access to the criminal justice system

Special Measure 29: Intermediaries

Special Measure 30: Communication aids

Unconventional objects as aids to communication

Theoretical framework and data

Analysis

Summary and discussion

16 - Linguistic patterns in African suicide notes

Literature review

Implications and conclusion

17 - Analysing stance in the Christchurch and El Paso manifestos

Literature review.

Methodology

Results and discussion

Conclusions and implications

Security Alert

Part 5 - Language, traditional courts and access to justice

18 - Men as vulnerable disputatnts in the Kikuyu tranditional elders' courts

Traditional courts within the Kenyan legal system

The Agikuyu traditional court

Review of related literature

Critical linguistics

19 - Power and meaning in the Kaaburwo: A traditional court among the Arror of Kenya

The Arror and the Kaaburwo

Kenya's legal system

Alternative dispute resolution

Traditional courts in Kenya

Theoretical approaches and methodology

Power in the Kaaburwo

Semiotic resources

Part 6 - Language, law and legislation

20 - Silencing critical voices in legislative debates: Derailment of strategic manoeuvring through omnibus bills in Kenya's parliament

Kenya's parliament: An overview

Analytic framework

21 - Legal armour: Overcoming language barriers in 'the best interests of the child'

The constitutional armour

Language barriers in the legal system

Family law and the best interests of the child

Practical proposal

About the contributors

INDEX.

Notes:

Description based on print version record.

Includes bibliographical references and index.

ISBN:

1-991201-83-4